Senate File 2328 S-5052 Amend Senate File 2328 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 PERMANENT NO-CONTACT ORDERS —— MODIFICATION —— REINSTATEMENT —— 5 CONVERSION —— APPELLATE REVIEW 6 Section 1. Section 664A.5, Code 2022, is amended by striking 7 the section and inserting in lieu thereof the following: 8 664A.5 Modification —— entry of permanent no-contact order. 9 1. If a defendant is convicted of, receives a deferred 10 judgment for, or pleads guilty to a public offense referred to 11 in section 664A.2, subsection 1, or is held in contempt for a 12 violation of a no-contact order issued under section 664A.3 13 or for a violation of a protective order issued pursuant to 14 chapter 232, 235F, 236, 236A, 598, or 915, the court shall 15 enter a permanent no-contact order which shall remain in effect 16 until modified or dissolved under this section. 17 2. A permanent no-contact order entered under this section 18 may be modified or dissolved upon application by the victim to 19 the district court subject to all of the following: 20 a. The application may be filed by the victim, a victim 21 counselor as defined in section 915.20A, the victim’s attorney, 22 or the prosecuting attorney. 23 b. The prosecuting attorney shall be notified of the 24 application if filed by the victim. 25 c. The prosecuting attorney shall be given the opportunity 26 to be heard at a hearing prior to the modification or 27 dissolution of the no-contact order. 28 d. If a hearing is held, the court shall do all of the 29 following: 30 (1) The victim may appear electronically, in person, 31 or in writing, or through a victim counselor as defined in 32 section 915.20A, through the victim’s attorney, or through the 33 prosecuting attorney. 34 (2) The victim shall not be subject to cross-examination 35 -1- SF 2328.3740 (2) 89 as/rh 1/ 17 #1.
by the defendant, but may be questioned by the prosecuting 1 attorney under such conditions as the court may impose. 2 (3) The defendant shall not have the right to appear in 3 person, but the defendant may be compelled to appear by the 4 court. 5 3. A permanent no-contact order entered under this section 6 may be modified or dissolved upon application by the defendant 7 to the district court subject to all of the following: 8 a. The application must be verified. 9 b. The application must be served upon the prosecuting 10 attorney for the county in which the defendant principally 11 resides. 12 c. The application must be served upon the prosecuting 13 attorney for any county in which the defendant has been 14 convicted of an offense requiring entry of a no-contact order 15 under this chapter. 16 d. Prior to disposition of an application under this 17 subsection, the prosecuting attorney must notify the victim, 18 if the victim’s address is known, and afford the victim the 19 opportunity to be heard. 20 e. Five or more years have passed since the discharge of 21 the sentence for the offense resulting in the issuance of the 22 no-contact order, including any special sentence imposed under 23 chapter 903B. 24 f. The defendant is not incarcerated for any offense at the 25 time the application is filed. 26 g. The defendant has not been convicted of any new 27 indictable offense since the imposition of the permanent 28 no-contact order. 29 4. Upon consideration of an application by the defendant to 30 modify or dissolve a permanent no-contact order, the district 31 court shall conduct an electronic or in-person hearing on the 32 application and do all of the following: 33 a. Consider any evidence offered by the parties, subject to 34 limitations under this section and any additional limitations 35 -2- SF 2328.3740 (2) 89 as/rh 2/ 17
the court may impose. 1 b. Provide the victim an opportunity to be heard in any of 2 the following manners: 3 (1) Electronically, in person, or in writing. 4 (2) Personally, through a victim counselor as defined in 5 section 915.20A, through the victim’s attorney, or through the 6 prosecuting attorney. 7 c. Prohibit the cross-examination of the victim by the 8 defendant, but allow the prosecuting attorney to question the 9 victim under such conditions as the court may impose. 10 5. The district court shall not modify or dissolve a 11 permanent no-contact order unless the district court makes a 12 written finding that the defendant no longer presents a danger 13 to the victim and that the modification or dissolution is in 14 the interest of justice. 15 Sec. 2. NEW SECTION . 664A.5A Reinstatement of expired 16 no-contact orders. 17 1. Upon the filing of an application by the victim, a victim 18 counselor as defined in section 915.20A, the victim’s attorney, 19 or the prosecuting attorney, the court shall reinstate any 20 permanent no-contact order that expired because it was not 21 extended pursuant to section 664A.8, Code 2022. 22 2. A no-contact order issued prior to July 1, 2022, that 23 is reinstated pursuant to this section shall be governed by 24 section 664A.5. 25 3. An application to reinstate an expired no-contact 26 order shall create a rebuttable presumption that the 27 offender continues to present a danger to the victim and that 28 reinstating an expired no-contact order is in the interest of 29 justice. The application shall not require a statement that 30 the offender committed a recent overt act. 31 4. The court shall only deny an application to reinstate an 32 expired no-contact order if the court makes written findings 33 that the defendant no longer presents a danger to the victim 34 and that denying the request is in the interest of justice. 35 -3- SF 2328.3740 (2) 89 as/rh 3/ 17
Sec. 3. NEW SECTION . 664A.5B Conversion of existing 1 no-contact orders. 2 1. A five-year no-contact order entered prior to July 1, 3 2022, that has not expired as of July 1, 2022, may be converted 4 into a permanent no-contact order as if the order was entered 5 after July 1, 2022, upon application by the victim, a victim 6 counselor as defined in section 915.20A, the victim’s attorney, 7 or the prosecuting attorney. 8 2. An application to convert a five-year no-contact order 9 into a permanent no-contact order shall create a rebuttable 10 presumption that the offender continues to present a danger 11 to the victim and that converting the no-contact order is in 12 the interest of justice. The application shall not require a 13 statement that the offender committed a recent overt act. 14 3. The court shall only deny an application to convert a 15 five-year no-contact order into a permanent no-contact order if 16 the court makes written findings that the defendant no longer 17 presents a danger to the victim and that denying the request 18 is in the interest of justice. 19 Sec. 4. NEW SECTION . 664A.7A Appellate review. 20 1. The provisions of this chapter are the only means by 21 which a party may seek to modify a no-contact order, including 22 any challenge to the conversion of a five-year no-contact order 23 into a permanent no-contact order. 24 2. Appellate review of court order granting or denying a 25 modification or dissolution of a no-contact order, including 26 proceedings related to conversion of a five-year no-contact 27 order, shall be by writ of certiorari. Such an order is not 28 appealable as a matter of right. 29 Sec. 5. Section 708.2A, subsection 8, Code 2022, is amended 30 to read as follows: 31 8. If a person is convicted for, receives a deferred 32 judgment for, or pleads guilty to a violation of this section , 33 the court shall modify the no-contact order issued upon initial 34 appearance and enter a permanent no-contact order in the manner 35 -4- SF 2328.3740 (2) 89 as/rh 4/ 17
provided in section 664A.5 , regardless of whether the person 1 is placed on probation. 2 Sec. 6. LEGISLATIVE FINDINGS —— REINSTATEMENT OF EXPIRED 3 NO-CONTACT ORDERS. The general assembly finds and declares all 4 of the following: 5 1. The procedure required to extend no-contact orders 6 issued pursuant to chapter 664A prior to July 1, 2022, imposed 7 unreasonable barriers for crime victims to ensure no-contact 8 orders remained in place. 9 2. It is against the public policy of this state to deny a 10 crime victim the protection of a no-contact order because the 11 victim was unaware of the deadline to extend a no-contact order 12 or was unable to navigate the complexities of the court system. 13 3. The law of this state in existence prior to July 1, 2022, 14 does not provide an adequate remedy to safeguard crime victims 15 from offenders who continue to present a danger to the victim 16 after a no-contact order has expired. 17 4. A crime victim previously protected by an expired 18 no-contact order should not have to wait for the offender to 19 commit additional criminal acts to remain protected. 20 5. Reinstating expired no-contact orders pursuant to 21 section 664A.5A, as enacted in this division of this Act, 22 furthers the interest of justice and serves the compelling 23 government interest of protecting crime victims from further 24 harm by offenders whose guilt has already been adjudicated. 25 6. Reinstating expired no-contact orders pursuant to 26 section 664A.5A, as enacted in this division of this Act, 27 does not impose a new punishment on the offender, but instead 28 provides collateral relief and protection for the victim 29 without requiring the victim to bear the cost of a separate 30 court action. 31 Sec. 7. REPEAL. Section 664A.8, Code 2022, is repealed. 32 DIVISION II 33 DOMESTIC ABUSE ASSAULT PENALTIES 34 Sec. 8. Section 708.2A, subsection 6, paragraph a, Code 35 -5- SF 2328.3740 (2) 89 as/rh 5/ 17
2022, is amended by striking the paragraph. 1 DIVISION III 2 LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL 3 OFFENSES 4 Sec. 9. Section 802.2B, Code 2022, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 5A. Continuous sexual abuse of a child in 7 violation of section 709.23. 8 NEW SUBSECTION . 5B. Kidnapping in the first degree when the 9 person kidnapped, and as a consequence of the kidnapping, is 10 intentionally subjected to sexual abuse in violation of section 11 710.2. 12 NEW SUBSECTION . 5C. Burglary in the first degree in 13 violation of section 713.3, subsection 1, paragraph “d” . 14 Sec. 10. Section 802.2C, Code 2022, is amended to read as 15 follows: 16 802.2C Kidnapping. 17 An information or indictment for kidnapping in the first, 18 second, or third degree , except as provided in section 802.2B, 19 committed on or with a person who is under the age of eighteen 20 years shall be found within ten years after the person upon 21 whom the offense is committed attains eighteen years of age, 22 or if the person against whom the information or indictment 23 is sought is identified through the use of a DNA profile, an 24 information or indictment shall be found within three years 25 from the date the person is identified by the person’s DNA 26 profile, whichever is later. 27 DIVISION IV 28 CRIMINAL SENTENCING AND CORRECTIONS 29 Sec. 11. Section 901.4B, subsection 2, Code 2022, is amended 30 to read as follows: 31 2. After hearing any statements presented pursuant to 32 subsection 1 , and before imposing sentence, the court shall 33 address any victim of the crime who is physically present at 34 the sentencing and shall allow do all of the following: 35 -6- SF 2328.3740 (2) 89 as/rh 6/ 17
a. Ask any victim or representative of the victim whether 1 the victim has been informed by the prosecuting attorney or the 2 prosecuting attorney’s designee of the status of the case and 3 of the prosecuting attorney’s recommendation for sentencing. 4 b. Allow any victim to be reasonably heard, including but 5 not limited to by presenting a victim impact statement in the 6 manner described in section 915.21 . 7 Sec. 12. Section 901.8, Code 2022, is amended to read as 8 follows: 9 901.8 Consecutive sentences. 10 1. If a person is sentenced for two or more separate 11 offenses, the sentencing judge may order the second or further 12 sentence to begin at the expiration of the first or succeeding 13 sentence. 14 2. If a person is sentenced for escape under section 719.4 15 or for a crime committed while confined in a detention facility 16 or penal institution, the sentencing judge shall order the 17 sentence to begin at the expiration of any existing sentence. 18 If the person is presently in the custody of the director 19 of the Iowa department of corrections, the sentence shall be 20 served at the facility or institution in which the person 21 is already confined unless the person is transferred by the 22 director. 23 3. If a person is sentenced for two or more separate 24 offenses contained in section 902.12, subsection 1, and one or 25 more of the convictions is for an offense under chapter 709 26 or chapter 710, the sentencing judge shall require that the 27 sentences be served consecutively. 28 4. Except as otherwise provided in section 903A.7 , if 29 consecutive sentences are specified in the order of commitment, 30 the several terms shall be construed as one continuous term of 31 imprisonment. 32 Sec. 13. Section 901.11, subsections 2, 3, 4, and 5, Code 33 2022, are amended to read as follows: 34 2. At the time of sentencing, the court shall determine 35 -7- SF 2328.3740 (2) 89 as/rh 7/ 17
when a person convicted of child endangerment as described in 1 section 902.12, subsection 2 3 , shall first become eligible 2 for parole or work release within the parameters specified 3 in section 902.12, subsection 2 3 , based upon all pertinent 4 information including the person’s criminal record, a validated 5 risk assessment, and whether the offense involved multiple 6 intentional acts or a series of intentional acts, or whether 7 the offense involved torture or cruelty. 8 3. At the time of sentencing, the court shall determine when 9 a person convicted of robbery in the first degree as described 10 in section 902.12, subsection 3 4 , shall first become eligible 11 for parole or work release within the parameters specified 12 in section 902.12, subsection 3 4 , based upon all pertinent 13 information including the person’s criminal record, a validated 14 risk assessment, and the negative impact the offense has had 15 on the victim or other persons. 16 4. At the time of sentencing, the court shall determine when 17 a person convicted of robbery in the second degree as described 18 in section 902.12, subsection 4 5 , shall first become eligible 19 for parole or work release within the parameters specified 20 in section 902.12, subsection 4 5 , based upon all pertinent 21 information including the person’s criminal record, a validated 22 risk assessment, and the negative impact the offense has had 23 on the victim or other persons. 24 5. At the time of sentencing, the court shall determine when 25 a person convicted of arson in the first degree as described 26 in section 902.12, subsection 5 6 , shall first become eligible 27 for parole or work release within the parameters specified 28 in section 902.12, subsection 5 6 , based upon all pertinent 29 information including the person’s criminal record, a validated 30 risk assessment, and the negative impact the offense has had 31 on the victim or other persons. 32 Sec. 14. NEW SECTION . 902.9A Minimum sentence —— certain 33 felonies. 34 The minimum sentence for any person convicted of a felony 35 -8- SF 2328.3740 (2) 89 as/rh 8/ 17
contained in section 902.12, and who did not receive a deferred 1 judgment or a deferred or suspended sentence under chapter 907, 2 shall be that prescribed by statute or, if not prescribed by 3 statute, shall be determined as follows: 4 1. A class “B” felon shall be confined for no less than one 5 year. 6 2. A class “C” felon shall be confined for no less than two 7 months. 8 3. A class “D” felon shall be confined for no less than one 9 month. 10 Sec. 15. Section 902.12, Code 2022, is amended to read as 11 follows: 12 902.12 Minimum sentence for certain felonies —— eligibility 13 for parole or work release. 14 1. A person serving a sentence for conviction of any of 15 the following felonies that occur on or after July 1, 2022, if 16 other than a class “A” felony, shall be denied parole or work 17 release unless the person has served at least nine-tenths of 18 the maximum term of the person’s sentence: 19 a. Homicide or a related crime in violation of chapter 707. 20 b. Assault in violation of chapter 708. 21 c. Terrorism in violation of chapter 708A. 22 d. Sexual abuse in violation of chapter 709. 23 e. Kidnapping or related offenses in violation of chapter 24 710. 25 f. Human trafficking in violation of chapter 710A, except 26 for a violation of section 710A.2A. 27 g. Robbery, aggravated theft, or extortion in violation of 28 chapter 711. 29 h. Arson in violation of chapter 712. 30 i. Burglary in violation of chapter 713, except for a 31 violation of section 713.7. 32 j. Criminal gang participation or gang recruitment in 33 violation of chapter 723A. 34 k. Obscenity in violation of chapter 728. 35 -9- SF 2328.3740 (2) 89 as/rh 9/ 17
1. 2. A person serving a sentence for conviction of any of 1 the following felonies , including a person serving a sentence 2 for conviction of the following felonies that occur prior to 3 July 1, 2003 2022 , shall be denied parole or work release 4 unless the person has served at least seven-tenths of the 5 maximum term of the person’s sentence: 6 a. Murder in the second degree in violation of section 7 707.3 . 8 b. Attempted murder in violation of section 707.11 , except 9 as provided in section 707.11, subsection 5 . 10 c. Sexual abuse in the second degree in violation of section 11 709.3 . 12 d. Kidnapping in the second degree in violation of section 13 710.3 . 14 e. Robbery in the second degree in violation of section 15 711.3 , except as determined in subsection 4 5 . 16 f. Vehicular homicide in violation of section 707.6A, 17 subsection 1 or 2 , if the person was also convicted under 18 section 321.261, subsection 4 , based on the same facts or 19 event that resulted in the conviction under section 707.6A, 20 subsection 1 or 2 . 21 2. 3. A person serving a sentence for a conviction of 22 child endangerment as defined in section 726.6, subsection 23 1 , paragraph “b” , that is described and punishable under 24 section 726.6, subsection 5 , shall be denied parole or work 25 release until the person has served between three-tenths and 26 seven-tenths of the maximum term of the person’s sentence as 27 determined under section 901.11, subsection 2 . 28 3. 4. A person serving a sentence for a conviction for 29 robbery in the first degree in violation of section 711.2 for 30 a conviction that occurs on or after July 1, 2018 prior to 31 July 1, 2022 , shall be denied parole or work release until 32 the person has served between one-half and seven-tenths of 33 the maximum term of the person’s sentence as determined under 34 section 901.11, subsection 3 . 35 -10- SF 2328.3740 (2) 89 as/rh 10/ 17
4. 5. A person serving a sentence for a conviction for 1 robbery in the second degree in violation of section 711.3 2 for a conviction that occurs on or after July 1, 2016 prior 3 to July 1, 2022 , shall be denied parole or work release until 4 the person has served between one-half and seven-tenths of 5 the maximum term of the person’s sentence as determined under 6 section 901.11, subsection 4 . 7 5. 6. A person serving a sentence for a conviction for 8 arson in the first degree in violation of section 712.2 that 9 occurs on or after July 1, 2019 prior to July 1, 2022 , shall 10 be denied parole or work release until the person has served 11 between one-half and seven-tenths of the maximum term of 12 the person’s sentence as determined under section 901.11, 13 subsection 5 . 14 Sec. 16. Section 903A.2, subsection 1, paragraph c, Code 15 2022, is amended to read as follows: 16 c. Category “C” sentences are those sentences for attempted 17 murder described in section 707.11, subsection 5 , and sentences 18 for the offenses described in section 902.12, subsection 1 . 19 Notwithstanding paragraphs paragraph “a” or “b” , an inmate 20 serving a category “C” sentence is ineligible for a reduction 21 of sentence under this section . 22 DIVISION V 23 PAROLE AND WORK RELEASE 24 Sec. 17. Section 906.4, subsection 1, Code 2022, is amended 25 to read as follows: 26 1. A parole or work release shall be ordered only for 27 the best interest of society , any victim of the person, and 28 the offender person , not as an award of clemency. The board 29 shall release on parole or work release any person whom it 30 has the power to so release, only when in its opinion there 31 is reasonable a significant probability that the person can 32 be released without detriment to the community , any victim 33 of the person, or to the person. A person’s release is not 34 a detriment to the community , any victim of the person, 35 -11- SF 2328.3740 (2) 89 as/rh 11/ 17
or the person if the person is able and willing to fulfill 1 the obligations of a law-abiding citizen, in the board’s 2 determination. 3 Sec. 18. Section 906.5, subsection 1, paragraph a, Code 4 2022, is amended to read as follows: 5 a. The board shall establish and implement a plan by which 6 the board systematically reviews the status of each person who 7 has been committed to the custody of the director of the Iowa 8 department of corrections and considers the person’s prospects 9 for parole or work release. The board shall, at least annually 10 shall but no more frequently than every six months, review 11 the status of a person other than a class “A” felon, a class 12 “B” felon serving a sentence of more than twenty-five years, 13 or a felon serving an offense punishable under section 902.9, 14 subsection 1 , paragraph “a” , or a felon serving a mandatory 15 minimum sentence other than a class “A” felon, and provide 16 the person with notice of the board’s parole or work release 17 decision. 18 Sec. 19. Section 906.5, subsection 1, Code 2022, is amended 19 by adding the following new paragraph: 20 NEW PARAGRAPH . c. The board shall require that all parole 21 hearings be recorded and maintained as public records under 22 chapter 22 for a minimum of three years from the date of the 23 hearing or the most recent release of an inmate on parole. 24 Sec. 20. Section 906.5, subsection 2, Code 2022, is amended 25 to read as follows: 26 2. It is the intent of the general assembly that the board 27 shall implement a plan of early release in an effort to assist 28 in controlling the prison population and assuring prison 29 space for the confinement of offenders whose release would be 30 detrimental to the citizens of this state to ensure that parole 31 or work release is only ordered when in the best interest of 32 society, any victim of the person, and the person . The board 33 shall report to the legislative services agency on a monthly 34 basis concerning the implementation of this plan and the number 35 -12- SF 2328.3740 (2) 89 as/rh 12/ 17
of inmates paroled pursuant to this plan and the average length 1 of stay of those paroled. 2 DIVISION VI 3 CRIME VICTIMS —— RIGHTS 4 Sec. 21. Section 915.11, subsection 1, Code 2022, is amended 5 to read as follows: 6 1. a. A local police department or county sheriff’s 7 department shall advise a victim of the right to 8 register with the county attorney, and shall provide a 9 request-for-registration form to each victim. A local police 10 department or county sheriff’s department shall provide a 11 telephone number and internet site to each victim to register 12 with the automated victim notification system established 13 pursuant to section 915.10A . 14 b. A local police department or county sheriff’s department 15 shall provide a victim with a pamphlet explaining the victim’s 16 rights as a victim of a public offense or delinquent act. 17 Sec. 22. Section 915.20, Code 2022, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 1A. A local police department or county 20 sheriff’s department shall provide to the crime victim 21 assistance division of the department of justice with the 22 contact information for a victim of a public offense or 23 delinquent act. A victim counselor shall contact a victim to 24 determine whether the victim is in need of further assistance 25 from the victim counselor or whether the victim has any 26 questions regarding the person’s rights as a victim. 27 Sec. 23. Section 915.38, Code 2022, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 3A. a. It is the public policy of the 30 state that statements made by children to forensic interviewers 31 at child advocacy centers and child protection centers are 32 presumptively reliable and should be admitted into evidence in 33 the courts. 34 b. Notwithstanding any other provision of law, the court 35 -13- SF 2328.3740 (2) 89 as/rh 13/ 17
shall upon motion of a party admit a recorded statement of a 1 child as defined in section 702.5, if all of the following 2 apply: 3 (1) The recorded statement describes conduct that violates 4 chapter 709 or describes circumstances relevant to such 5 conduct. 6 (2) The recorded statement was obtained by a forensic 7 interviewer employed by an accredited child advocacy center or 8 child protection center. 9 (3) The interview was conducted substantially in accordance 10 with a nationally recognized protocol for interviewing 11 children. 12 (4) The recorded statement is offered in a criminal 13 proceeding, the opposing party was given at least ten days’ 14 notice prior to the trial commencing of the intention to admit 15 the recorded statement, and any of the following apply: 16 (a) The child testifies at trial. 17 (b) The child has been questioned by the defendant or the 18 defendant’s attorney at a deposition or at any substantially 19 similar setting. 20 (c) The child is unavailable as a witness as provided in 21 rule of evidence 5.804(a). 22 (d) The court finds by a preponderance of the evidence that 23 the child would suffer significant emotional or psychological 24 trauma from testifying in the personal presence of the 25 defendant at the time of the criminal proceeding. 26 c. A court may deny the admission of a recorded statement 27 under this section only if the party opposing the admission 28 proves by clear and convincing evidence that the recorded 29 statement is unreliable. 30 d. Portions of a recorded interview admitted pursuant to 31 this section may be redacted under the following circumstances: 32 (1) By agreement of the parties. 33 (2) By order of the court, if the court finds by a 34 preponderance of the evidence that redaction is necessary to 35 -14- SF 2328.3740 (2) 89 as/rh 14/ 17
either: 1 (a) Minimize embarrassment or trauma to the child. 2 (b) Effectuate a provision of the rules of evidence other 3 than the rules against hearsay. 4 Sec. 24. NEW SECTION . 915.44A Limitation of evidence in 5 sexual abuse cases. 6 A defendant charged with a criminal offense for sexual 7 abuse under chapter 709 or who has filed an application for 8 postconviction relief upon conviction for a sexual offense 9 under chapter 709 shall be precluded from questioning any 10 victim regarding evidence which is inadmissible under rule 11 of evidence 5.412. Prohibited evidence includes all of the 12 following: 13 1. Reputation or opinion evidence of a victim offered to 14 prove that a victim engaged in other sexual behavior. 15 2. Evidence of a victim’s other sexual behavior other than 16 reputation or opinion evidence. 17 Sec. 25. COMMISSION ON CONTINUING LEGAL EDUCATION —— 18 CONTINUING LEGAL EDUCATION REQUIREMENTS. The commission on 19 continuing legal education shall amend Iowa court rule 42.2 to 20 require all attorneys licensed in this state complete a minimum 21 of one hour, annually, of continuing legal education that 22 focuses on crime victims and how to improve a crime victim’s 23 experience within the criminal justice system. 24 DIVISION VII 25 REQUIRED REPORTS TO THE GENERAL ASSEMBLY 26 Sec. 26. NEW SECTION . 602.6204 Reporting requirement. 27 Each district judge shall submit to the governor and to the 28 general assembly, not later than December 15 each year, an 29 annual report which shall include all of the following: 30 1. The number of deferred judgments, deferred sentences, 31 and suspended sentences the court entered, including the 32 criminal offenses involved, during the previous year. 33 2. The number of defendants who received deferred 34 judgments, deferred sentences, and suspended sentences during 35 -15- SF 2328.3740 (2) 89 as/rh 15/ 17
the previous year. 1 3. The number of cases where the court pronounced judgment 2 and imposed sentence after a defendant failed to comply with 3 the conditions set by the court for a deferred judgment or 4 deferred sentence. 5 4. The number of cases where the court revoked a suspended 6 sentence after a defendant failed to comply with conditions set 7 by the court. 8 5. The types of violations by a defendant of the conditions 9 imposed by the court that resulted in the court pronouncing 10 judgment and imposing sentence or revoking a suspended sentence 11 of a defendant. The report shall include information on 12 whether the violations were technical violations, due to the 13 commission of a new crime, or due to any other reason. 14 Sec. 27. NEW SECTION . 904.103A Recidivism —— annual report. 15 1. The department, in cooperation with the board of parole, 16 shall submit to the governor and to the general assembly, not 17 later than December 15 each year, an annual report detailing 18 the recidivism rate in the state specifically for the violent 19 and sexual criminal offenses contained in section 902.12. 20 2. The report shall include, at a minimum, all of the 21 following: 22 a. The rate of recidivism, including the percentage and 23 number of offenders who committed another crime within three 24 years of being released from the custody of the department. 25 b. The percentage and number of offenders paroled or placed 26 on probation who violate the conditions of the offender’s 27 release and are reincarcerated including information regarding 28 offenders who were returned for technical violations, and those 29 who were returned for the commission of a new crime. 30 c. Whether there were victims involved in the crimes 31 committed while an offender was paroled or on probation, 32 and whether any of the victims were previous victims of the 33 offender. 34 d. The types of offenses that caused the offender to be 35 -16- SF 2328.3740 (2) 89 as/rh 16/ 17
returned to the custody of the department. 1 e. The type of release that preceded the offender’s return 2 to the custody of the department. 3 f. The number of hearings the board of parole held before 4 the release of an offender who subsequently violated the 5 conditions of release and who was subsequently returned to the 6 custody of the department. > 7 2. Title page, by striking lines 1 and 2 and inserting < An 8 Act relating to criminal law including > 9 3. Title page, by striking lines 6 through 8 and inserting 10 < and work release, crime victim rights, and certain reporting 11 requirements, and making penalties applicable. > 12 4. By renumbering as necessary. 13 ______________________________ HERMAN C. QUIRMBACH -17- SF 2328.3740 (2) 89 as/rh 17/ 17 #2. #3. #4.